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TMI Blog2016 (5) TMI 1467X X X X Extracts X X X X X X X X Extracts X X X X ..... other good reason where equitable principles of estoppel are attracted. Appeal dismissed. - Civil Appeal Nos.4083-4084 Of 2016 [Arising out of S.L.P.(C)Nos.12915-12916 of 2014] - - - Dated:- 6-5-2016 - Dipak Misra And Shiva Kirti Singh, JJ. JUDGMENT Shiva Kirti Singh, The appellants were successful before all the Consolidation Authorities, the Consolidation Officer, Settlement Officer Consolidation and Deputy Director of Consolidation whose orders passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act ) were challenged by the non-official respondents/writ petitioners by preferring Writ B No. 46506 of 2013 and the same has been allowed by the judgment and order under appeal dated 8.11.2013 passed by a learned Single Judge of the High Court of Judicature at Allahabad. High Court has, at the outset recorded in the judgment that there is no factual controversy in the writ proceedings and on that account the respondents chose not to file counter affidavit. With the consent of the parties the arguments were heard at the admission stage leading to final adjudication and remand which is under challenge. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the respondents were the heirs of Kanhai. The judgments of consolidation authorities in the previous proceedings operate as res-judicata between the parties and the objection of the petitioners was liable to be dismissed on this ground alone. On the basis of the pleadings of the parties, the Consolidation Officer, framed issues on 30.04.2005. Issue No. 3 was framed as to Whether the objection of the petitioners, claiming share of Kanhai, alleging themselves as his sons, is barred by res-judicata? The issue no. 3, as noticed above by the High Court, was raised by the respondents before the High Court who are appellants herein. It was on their application that the Consolidation Officer decided it as a preliminary issue. The Consolidation Officer noticed the earlier petition filed in the year 1966 in respect of land of another village, Chak Nuruddinpur alias Nagdilpur between the same parties that had been decided against the writ petitioners by holding that Jagannath, Amar Nath and Raj Nath were illegitimate sons of Kanhai and not entitled to inherit his share because Kanhai was a Brahmin Hindu. It was found that the earlier judgment had become final at the revisional stage a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sons. The writ petitioners placed reliance upon Section 171 of the U.P. Act no. 1 of 1951 to support their submission that illegitimate son was not excluded and the exclusion cannot be inferred automatically in the absence of statutory exception. In support of the legal principle that exclusion clause must be specific under the statute, reliance was placed on a full bench judgment of Allahabad High Court in Raj Narain Saxena v. Bhim[AIR 1966 All 84 (FB)] and upon judgment of this Court in Rajendra Prasad Gupta v. Prakash Chandra Mishra[(2011) 2 SCC 705]. On the other hand the respondents before the Writ Court i.e, the appellants herein advanced a submission that principle of res judicata is applicable in respect of issues relating to facts and law both. In support, reliance was placed upon this Court s judgment in Kalinga Mining Corporation v. Union of India[(2013) 5 SCC 252]. The appellants also relied upon some case laws according to which the illegitimate children were entitled under Section 16 of Hindu Marriage Act, 1955 to inherit only the self acquired property of their father whereas the lands in dispute are claimed to be with the family from the time of Kishun father of Be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants including one in Kalinga Mining Corporation (supra) were distinguished by holding that they were not an authority for the proposition that a past judgment between the parties in respect of another subject matter/property, even if erroneous in law will operate as res judicata in a subsequent suit based upon different cause of action for a different property. The High Court finally held that findings in the previous judgments that Jagannath, Amar Nath and Raj Nath were born to Smt. Ram Pyari widow of Ram Nath out of her illegitimate relations with Kanhai are findings relating to facts and would thus operate as res judicata. However the finding that illegitimate children of Ram Pyari and Kanhai are not entitled to inherit Kanhai being findings on issues of law, as held by High Court, would not operate as res judicata in the subsequent proceedings in respect of other properties. The High Court accordingly modified the orders passed by the Consolidation Authorities and directed the Consolidation Officer to conclude the trial of other issues and pass final order after allowing the parties to lead their evidence. Learned Senior Counsel appearing for the appellants has submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be equated with a decision rendered without jurisdiction. The law was succinctly stated by holding that a wrong decision by a Court having jurisdiction is as much binding between the parties as a right one. Even a wrong decision can be superseded only through appeals to higher tribunals or Courts or through review, if provided by law. In the case of Saroja (supra) this Court found that all the conditions necessary to constitute res judicata under Section 11 of the CPC stood satisfied in the facts of that case. The main dispute related to two issues (1) whether an ex parte decree could attract res judicata and (2) whether the appellant could be held bound by the judgment in the earlier suit when he was not a party to the same although she had acquired title from the person who as a party had suffered the ex parte decree. Both the issues were decided against the appellant of that case by holding that an ex parte decree was as good as a decree passed after contest and such ex parte decree, unless set aside on the ground of fraud or collusion will not only bind the original parties to the former suit but also other parties who claim under any of them and seek to litigate under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is the principle of estoppel, more particularly issue estoppel which flows from principles of evidence such as from Sections 115, 116 and 117 of the Indian Evidence Act, 1872 and from principles of equity. As a principle of evidence, estoppel is treated to be an admission or in the eyes of law something equivalent to an admission of such quality and nature that the maker is not allowed to contradict it. In other words it works as an impediment or bar to a right of action due to affected person s conduct or action. Estoppel by judgment finds reference in the case of Ahsan Hussain Abdul Ali Bohari, Proprietor Abidi Shop v. Maina W/o Nathu Telanga[AIR 1938 Nag 129]. It is taken as a bar which precludes the parties after final judgment to reagitate and relitigate the same cause of action or ground of defence or any fact determined by the judgment. If the determination was by a Court of competent jurisdiction, the bar will remain operative even if the judgment is perceived to be erroneous. If the parties fail to get rid of an erroneous judgment, they as well as persons claiming through them must remain bound by it. However, as explained and held by this Court in the case of Ma ..... 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